Memo

BILL NUMBER:S3744

TITLE OF BILL: An act to amend the executive law and the penal law, in relation to preventing certain sex offenders who are released on parole or sentenced to probation from entering public, association or free libraries

PURPOSE: Provides that certain sex offenders who are released on parole or sentenced to probation may not enter public, association or free libraries.

SUMMARY OF PROVISIONS: Section one of subdivision 14 of section 259-c of the executive law, is amended by chapter 320 of the laws of 2006 to state that where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty five or two hundred sixty three of the penal law, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law, or any public library, association library or free library, as defined in subdivision two of section two hundred fifty-three of the education law.

Section two. Subdivision 4-a of section 65.10 of the penal law, is amended by chapter 320 of the laws of 2006, stating the mandatory condition of sex offenders.

Section three. This act shall take effect immediately.

JUSTIFICATION: Libraries are a place that families can bring their children to learn and to participate in community activities. Parents should not have to worry about their safety and the safety of their children. This measure is necessary because it would prohibit a sex offender from entering a library where they could use a public computer with Internet access to communicate with children or adults with the intention to do harm. Another example why this bill is necessary, in 2008, in the Commonwealth of Massachusetts, a Level 3 sex offender sexually assaulted a six year old boy in the magazine aisle while his mother was using one of the libraries computers.

The predator took the victim into a quiet corner of the library room and raped him. In 2001, this Level III suspect pleaded guilty to indecent assault and battery upon a child under fourteen years of age. He spent four years in prison. Prior to his release, police said three experts told a judge that he was still sexually dangerous and should remain beyond bars. Nonetheless the judge released him into

society. This bill is necessary because current state law prohibits a Level III sex offender who is released on parole or conditionally released and who committed their crime against a person under 18 years of age, from knowingly entering into or upon any school grounds or facilities or institutions that are primarily used for the care or treatment of persons under the age of eighteen. This legislation would add libraries to the list of places that sex offenders cannot enter where children under the age of eighteen congregate. This bill is necessary to protect our children from being harmed by a sex offender. Our libraries should be a safe haven for families not 'sexual predators.

Text

STATE OF NEW YORK
________________________________________________________________________
3744
2011-2012 Regular Sessions
IN SENATE
March 3, 2011
___________

Introduced by Sens. LANZA, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction
AN ACT to amend the executive law and the penal law, in relation to
preventing certain sex offenders who are released on parole or
sentenced to probation from entering public, association or free
libraries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 259-c of the executive law, as
amended by chapter 320 of the laws of 2006, is amended to read as
follows:
14. notwithstanding any other provision of law to the contrary, where
a person serving a sentence for an offense defined in article one
hundred thirty, one hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time of
such offense or such person has been designated a level three sex offen-
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law, is released on parole or conditionally released
pursuant to subdivision one or two of this section, the board shall
require, as a mandatory condition of such release, that such sentenced
offender shall refrain from knowingly entering into or upon any school
grounds, as that term is defined in subdivision fourteen of section
220.00 of the penal law, OR ANY PUBLIC LIBRARY, ASSOCIATION LIBRARY OR
FREE LIBRARY, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED
FIFTY-THREE OF THE EDUCATION LAW, or any other facility or institution
primarily used for the care or treatment of persons under the age of
eighteen while one or more of such persons under the age of eighteen are
present, provided however, that when such sentenced offender is a regis-
tered student or participant or an employee of such facility or institu-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03691-01-1

S. 3744 2

tion or entity contracting therewith or has a family member enrolled in
such facility or institution, such sentenced offender may, with the
written authorization of his or her parole officer and the superinten-
dent or chief administrator of such facility, institution or grounds,
enter such facility, institution or upon such grounds for the limited
purposes authorized by the parole officer and superintendent or chief
officer. Nothing in this subdivision shall be construed as restricting
any lawful condition of supervision that may be imposed on such
sentenced offender.
S 2. Subdivision 4-a of section 65.10 of the penal law, as amended by
chapter 67 of the laws of 2008, is amended to read as follows:
4-a. Mandatory conditions for sex offenders. (a) When imposing a
sentence of probation or conditional discharge upon a person convicted
of an offense defined in article one hundred thirty, two hundred thir-
ty-five or two hundred sixty-three of this chapter, or section 255.25,
255.26 or 255.27 of this chapter, and the victim of such offense was
under the age of eighteen at the time of such offense or such person has
been designated a level three sex offender pursuant to subdivision six
of section [168-l] ONE HUNDRED SIXTY-EIGHT-L of the correction law, the
court shall require, as a mandatory condition of such sentence, that
such sentenced offender shall refrain from knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, OR ANY PUBLIC LIBRARY, ASSOCIATION
LIBRARY OR FREE LIBRARY, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
HUNDRED FIFTY-THREE OF THE EDUCATION LAW, or any other facility or
institution primarily used for the care or treatment of persons under
the age of eighteen while one or more of such persons under the age of
eighteen are present, provided however, that when such sentenced offen-
der is a registered student or participant or an employee of such facil-
ity or institution or entity contracting therewith or has a family
member enrolled in such facility or institution, such sentenced offender
may, with the written authorization of his or her probation officer or
the court and the superintendent or chief administrator of such facili-
ty, institution or grounds, enter such facility, institution or upon
such grounds for the limited purposes authorized by the probation offi-
cer or the court and superintendent or chief officer. Nothing in this
subdivision shall be construed as restricting any lawful condition of
supervision that may be imposed on such sentenced offender.
(b) When imposing a sentence of probation or conditional discharge
upon a person convicted of an offense for which registration as a sex
offender is required pursuant to subdivision two or three of section one
hundred sixty-eight-a of the correction law, and the victim of such
offense was under the age of eighteen at the time of such offense or
such person has been designated a level three sex offender pursuant to
subdivision six of section one hundred sixty-eight-l of the correction
law or the internet was used to facilitate the commission of the crime,
the court shall require, as mandatory conditions of such sentence, that
such sentenced offender be prohibited from using the internet to access
pornographic material, access a commercial social networking website,
communicate with other individuals or groups for the purpose of promot-
ing sexual relations with persons under the age of eighteen, and commu-
nicate with a person under the age of eighteen when such offender is
over the age of eighteen, provided that the court may permit an offender
to use the internet to communicate with a person under the age of eigh-
teen when such offender is the parent of a minor child and is not other-
wise prohibited from communicating with such child. Nothing in this

S. 3744 3

subdivision shall be construed as restricting any other lawful condition
of supervision that may be imposed on such sentenced offender. As used
in this subdivision, a "commercial social networking website" shall mean
any business, organization or other entity operating a website that
permits persons under eighteen years of age to be registered users for
the purpose of establishing personal relationships with other users,
where such persons under eighteen years of age may: (i) create web pages
or profiles that provide information about themselves where such web
pages or profiles are available to the public or to other users; (ii)
engage in direct or real time communication with other users, such as a
chat room or instant messenger; and (iii) communicate with persons over
eighteen years of age; provided, however, that, for purposes of this
subdivision, a commercial social networking website shall not include a
website that permits users to engage in such other activities as are not
enumerated herein.
S 3. This act shall take effect immediately.

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